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Lawyer says liberals criminally responsible for attempted murder in the ballpark

SeveredHeadTrump[E-mail to Rush Limbaugh on June 20, 2017] Jerald Finney <jerald.finney@sbcglobal.net> To ElRushbo@eibnet.us June 20, 2017t 12:32 PM

As a former Texas lawyer who practiced some criminal defense law, I believe that there is a strong argument that left wing liberal politicians (including former presidential candidates), performers, those who widely share their left wing hate on secular news and social media, demonstrators, liberal “scholars” etc. are guilty as parties to the attempted murder of the Republican legislators who were practicing for their annual baseball game. They and their audiences have motive – extreme hatred for President Trump and Conservative Republicans (as the Freedom Forum) that goes to their deepest bowels. They do not qualify their statements and actions. They publish and praise extreme acts – the bloody head of President Trump, the assassination of President Trump. They promote killing – line up and kill all Republicans. They falsely accuse Trump and Republican policies of killing millions – Republican health care, economic, and environmental policies will result in the death of millions.

Consider some Texas law which probably corresponds to that of other states:

TEXAS PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

SUBCHAPTER A. COMPLICITY

Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Of course Wikipedia is not an authority, but points to authorities and for these purposes serves to make the point – From Wikipedia, the free encyclopedia:

The Texas Law of Parties[1] states that a person can be criminally responsible for the actions of another in certain circumstances, including “[i]f, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.”

In Texas capital cases, a person may be convicted under the Law of Parties, but may not be sentenced to death if convicted under the Law of Parties unless the sentencing jury finds beyond a reasonable doubt that “the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken.”[2]

Convictions under the law[edit]

See also: Lists of people executed in Texas

People convicted under the law include Thomas Bartlett Whitaker, Kenneth Foster, Jeffery Lee Wood, Clinton Lee Young, Steven Michael Woods, Jr., Robert Lee Thompson,[3] John Adams,[4] Ray Jasper,[5] Joseph Nichols,[6][7] Randy Halprin, and Patrick Murphy Jr. (the latter two being part of the Texas Seven). Foster’s sentence would later be commuted to life imprisonment, one of only two persons convicted of capital murder to have his sentence commuted since restoration of the death penalty in the 1980s.[citation needed

See also[edit]

Felony murder rule (Texas)

References:

Jump up ^ “Texas Penal Code Section 7.02, Criminal Responsibility for Conduct of Another”. 2016. Retrieved August 1, 2016.
Jump up ^ “Texas Penal Code Section 37.071, Procedure in Capital Case”. 2016. Retrieved August 2, 2016.
Jump up ^ “Document – USA: Choosing death again: Texas governor rejects clemency recommendation”. amnesty.org. 2011. Retrieved September 14, 2011. Robert Lee Thompson, a 34-year-old African American man, was put to death on the evening of 19 November 2009 for the murder of a store worker 13 years earlier.
Jump up ^ “Document – USA (Texas): Death penalty / Legal concern, Gregory Edward Wright (m)”. amnesty.org. 2011. Retrieved September 14, 2011.
Jump up ^ “A Letter From Ray Jasper, Who Is About to Be Executed, Hamilton Nolan (m)”. gawker.com. 2014. Archived from the original on March 5, 2014. Retrieved March 5, 2014.
Jump up ^ “Document – USA: Breaking a lethal habit: A look back at the death penalty in 2007”. amnesty.org. 2011. Retrieved September 14, 2011.
Jump up ^ “Document – USA: One county, 100 executions : Harris County and Texas – a lethal combination”. amnesty.org. 2011. Retrieved September 14, 2011.
Categories: Texas lawU.S. state criminal legislation

Also, look, e.g., at the following article “But I Didn’t Do Anything!! The “Law of Parties” in Texas Criminal Law” at  But I Didn’t Do Anything!! The “Law of Parties” in Texas Criminal Law [http://www.timpowers.com/Blog/2012/June/But-I-Didnt-Do-Anything-The-Law-of-Parties-in-Te.aspx]

 


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